Lakhwinder Kumar v. State Of Punjab

Lakhwinder Kumar v. State Of Punjab

(High Court Of Punjab And Haryana)

CRM-M No.16187 of 2022 | 02-06-2022

FATEH DEEP SINGH, J.

1. Petitioner accused Lakhwinder Kumar was allowed anticipatory bail under Section 438 Cr.P.C. by this Court in the present case bearing FIR No.34 dated 12.07.2018 under Sections 363/366- A/34 IPC (Section 120-B, 376 IPC and Section 4 of POCSO Act, 2012 added later on) vide orders dated 05.02.2019. It is subsequently, during the trial of the case the accused absented on 30.11.2021 as a consequence of which non-bailable warrants were issued against him by the trial Court. It is in this situation, the present anticipatory bail has come about.

2. Upon hearing learned counsel for the petitioner Mr. Munish Puri, Advocate; Ms. Simran Grewal, Asst. Advocate General, Punjab representing the respondent State and upon perusal of the records.

3. Apparently, the petitioner had been regularly appearing before the trial Court and it was only on one occasion he absented and even his bail bonds have not been cancelled or forfeited to the State. Keeping in view that there is only a single date default impels this Court to allow the prayer made. Accordingly, petitioner is directed to put in appearance before the trial Court within ten days from today and on his doing so he shall be released on bail on old bail bonds to the satisfaction of the trial Court.

4. The petition stands disposed off accordingly.

Advocate List
Bench
  • HON'BLE MR. JUSTICE FATEH DEEP SINGH
Eq Citations
  • NON-REPORTABLE
  • LQ/PunjHC/2022/12314
Head Note

Criminal Procedure Code, 1973 — S. 438 — Anticipatory bail — Petitioner accused allowed anticipatory bail under S. 438 Cr.P.C. by Supreme Court in FIR bearing Ss. 363/366-A/34 IPC (Ss. 120-B, 376 IPC and S. 4 of POCSO Act, 2012 added later on) vide orders dt. 05.02.2019 — Subsequently, during trial of case petitioner absented on 30.11.2021 as a consequence of which non-bailable warrants were issued against him by trial Court — Petitioner had been regularly appearing before trial Court and it was only on one occasion he absented and even his bail bonds had not been cancelled or forfeited to State — Petitioner directed to put in appearance before trial Court within ten days from date and on his doing so he shall be released on bail on old bail bonds to satisfaction of trial Court — Constitution of India, Art. 136